IMPORTANT - READ CAREFULLY: USE OF THIS PROGRAM IS SUBJECT TO THE SOFTWARE LICENSE TERMS SET FORTH BELOW. "PROGRAM" INCLUDES THE SOFTWARE INCLUDED WITH THIS AGREEMENT, THE ASSOCIATED MEDIA, ANY PRINTED MATERIALS, AND ANY ON-LINE OR ELECTRONIC DOCUMENTATION, AND ANY AND ALL COPIES AND DERIVATIVE WORKS OF SUCH SOFTWARE AND MATERIALS. BY OPENING THIS PACKAGE, INSTALLING, AND/OR USING THE PROGRAM, YOU ACCEPT THE TERMS OF THIS LICENSE WITH FANTASOFT, LLC. ("FANTASOFT")
Violation of any portion of this agreement can subject your license to termination and possible legal action.
LIMITED USE LICENSE. Fantasoft grants you the non-exclusive, non-transferable, limited right and license to install and use one copy of this program solely and exclusively for your personal use. All rights not specifically granted under this Agreement are reserved by Fantasoft. This Program is licensed, not sold. Your license confers no title or ownership in this Program and should not be construed as a sale of any rights in this program.
This Program contains a scenario construction kit. ("Divinity") that allows you to create customized scenarios and other materials for personal use in connection with this Product.
OWNERSHIP. All title, ownership rights and intellectual property rights in and to this Program and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animation, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into this Program) are owned by Fantasoft or its licensers. This Program is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. This Program contain certain licensed materials and Fantasoft's licensers may protect their rights in the event of any violation of this Agreement.
YOU MAY:
- Distribute scenarios you create as shareware and ask a shareware fee if you adhere to the following restrictions.
1) Shareware fee may not exceed $15 (US).
2) Shareware fee may not change once you have released your scenario to the public.
3) Shareware fees must be paid directly to licensee. You may not have fees made payable to a third party nor may a third party collect fees on your behalf without express written permission of Fantasoft.
4) Shareware fees must be payable to individual licensees. No business enterprise of any form is allowed to receive a shareware fee in connection with any portion of this software package.
YOU SHALL NOT:
- Exploit this Program or any of its parts commercially, including but not limited to use at a cyber cafe, computer gaming center or any other location-based site.
- Use or allow third parties to use Divinity and the Scenarios created by you for commercial purposes, including but not limited to commercial distribution of such Scenarios on a stand alone basis or packaged in combination with Scenarios created by others through any and all distribution channels, including, without limitation, retail and on-line electronic distribution.
- Use this Program, or permit use of this Program, on more than one computer, computer terminal, or workstation at the same time.
- Make copies of this Program or any part thereof, or make copies of the materials accompanying this Program.
- Copy this Program onto a hard drive or other storage device of any third party.
- Sell, rent, lease, license, distribute or otherwise transfer this Program, or any copies of this Program, without the express prior written consent of Fantasoft.
- Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of this Program, in whole or in part.
- Remove, disable or circumvent any proprietary notices or labels contained on or with the Program.
- Export or re-export this Program or any copy or adaptation in violation of any applicable laws or regulations.
RESERVED RIGHTS: Fantasoft reserves the following rights.
- Right to place any and all scenarios created in whole or in part by Divinity for download on our web site without prior approval of the author.
- Right to place any and all scenarios created in whole or in part with Divinity on CD-ROMs for distribution and sale without prior approval of the author. Fees charged for said CD-ROM will not be part of nor be construed as part of any shareware fees set forth by individual authors. All fees are for production and distribution of the CD-ROM only.
LIMITED WARRANTY. Fantasoft warrants to the original consumer purchaser of this Program that the recording medium on which the Program is recorded will be free from defects in material and workmanship for 90 days from the date of purchase. If the recording medium is found defective within 90 days of the original purchase, Fantasoft agrees to replace, free of charge, any product discovered to be defective within such period upon its receipt of the Product, postage paid, and with proof of the date of purchase, as long as the Program is still being manufactured by Fantasoft. In the event that the Program is no longer available, Fantasoft retains the right to substitute Programs of equal or greater value. This warranty is limited to the recording medium containing the Program as originally provided by Fantasoft and is not applicable to normal wear and tear. This warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statue are expressly limited to the 90-day period described above.
EXCEPT AS SET FORTH ABOVE, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE FANTASOFT.
Limitation of Damages. IN NO EVENT WILL FANTASOFT BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF FANTASOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FANTASOFT'S LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THE PROGRAM. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
Termination. Without prejudice to any other rights of Fantasoft, this Agreement will terminate automatically if you fail to comply with the terms and conditions. In such event, you must destroy all copies of this Program and all of its component parts.
Injunction. Because Fantasoft would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Fantasoft shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Fantasoft may otherwise have under applicable laws.
Indemnity. You agree to indemnify, defend and hold Fantasoft, its partners, affiliates, contractors, employees, officers, directors and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Product pursuant to the terms of this Agreement.
Miscellaneous. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of the Agreement shall not be affected. This Agreement shall be construed under Wisconsin law as such law is applied to agreements between Wisconsin residents entered into and to be performed within Wisconsin, except as governed by federal law and your consent to the exclusive jurisdiction of the state and federal courts in Madison Wisconsin.
